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PUBLIC HEARING
May 15, 2002 MINUTES
COMMISSIONERS PRESENT
Charles Choi, Chairman
Tom Quinn
Wilmae "Bunny" Malm
Bill Marino
Andrea Hollen
Ed Peterson
STAFF PRESENT
Susan Piercy, Senior Planner
Dru Siley, Planner II
Chad Minor, Senior Planner
Anne Heine, Lead Development Review Engineer
Tim Doherty, Civil Engineer III
Erica Adshead, Planner I
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
____________________________________________________________________________________
The following are the minutes of the May 15, 2002 Lakewood Planning Commission
Public hearing. A permanent set of these minutes is retained in the office of
the City Clerk and a tape recording is located in the department of Community
Planning and Development, City of Lakewood.
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INDEX PAGE
RZ-01-001 Las Estrellas 2
903 Sheridan Blvd.
The roll having been called, Chairman Choi declared a quorum and the following
business was
conducted.
2. CASE NO. RZ-01-001 REZONING
LAS ESTRELLAS
903 Sheridan Blvd.
Rezone to allow for 16 multi-family condos
COMMISSIONER MALM wanted the record to show that she and Mr. Boyle are acquainted although they have not discussed this case. Commissioner Malm did not feel she needed to excuse her self but left it up to the Commission.
CHAIRMAN CHOI then asked if anyone had any comments.
No comments were expressed.
EDWARD BOYLE, 7111 W. Alameda Ave., Chief Operations Officer for Katchen and Co., gave a brief history of Katchen and Co., and then reviewed this rezoning request. Mr. Boyle then made himself available for questions from the Commission.
DRU SILEY entered into the record the staff report, slides and testimony. He then reviewed his staff report and asked Planning Commission to approve this rezoning.
ROBERT FISHER, 880 Benton St., opposed this rezoning and presented the Commission with a petition from the neighborhood asking the case be denied. Mr. Fisher presented the Commission with pictures of some of the neighborhood homes, and said their information is two years old and they have nothing recent as to what this applicant is planning to do. This project is not compatible with any of the homes in the neighborhood and will be a burden on the Molholm elementary school. Safety is also a issue for children in the neighborhood as this project will bring in heavy traffic.
SUSAN MC CONNELL, 895 Benton St., said the neighborhood stands as one in rejecting this rezoning for 903 Sheridan. This is high-density housing and the Two-Creeks neighborhood has never rejected reasonable development. She asked the Commission to help them by supporting the Molholm Plan the Sheridan Plan, the Lakewood Comprehensive Plan, and the West Corridor Framework Plan by rejecting this land use.
KIM BAKER, 885 Benton St., referred to the Molhom Plan which specifically calls
for limiting encroachment of certain high-density residential development. The
Molholm School is already over crowded, overflow parking from the swimming pool,
as well as from Tiffany Square and the apartment building cause parking problems.
With two parking spaces for each condo, they will generate two cars per condo
and the visitors parking will come into the neighborhood. The traffic comes
into the neighborhood because the entrance on 9th Avenue, Sheridan is poorly
designed and people use Benton to get to 10th or 8th because access to Sheridan
is safer on those two streets. The increased density and parking are the two
negatives for this project. Also, the apartment buildings generate many police
calls. Ms. McConnell also thought the price of the units would have to be more
than $150,000.
DEB JONES, 7020 W. 13th Ave., said Mr. Boyle did speak to the neighborhood and gave a fair presentation, however, she wanted the concerns mentioned at this hearing addressed.
CHAIRMAN CHOI asked Ms. Jones to elaborate on her letter that states this plan does not address the concerns of the Molholm Plan.
DEB JONES thought commercial zoning should be on the perimeter of the area, and this project does not work with the neighborhood plan.
CARL MAYER, 5202 W. 9th Ave., informed the Commission that he spent a lot of money fixing up his property. When this development is complete, the residents will all have dogs and those dogs will all want to mess on his lawn. Even if the agreement states no dogs, the people will have dogs. The more density the more trash and noise, and all this density will cause people to park on his lawn. Mr. Mayer said he did not receive a notice nor did any of his tenants receive a notice of this meeting, and he had to call Mr. Dru Siley and have him mail a notice after he observed the sign on the property.
COMMISSIONER MALM wanted to know if Mr. Mayer's aggravations are occurring now or does he anticipate them happening from this development in the future?
CARL MAYER said they are happening now and with this development they are going to get worse. The kids and dogs will increase.
RONALD STEADMAN, 910 Benton St., said they like this neighborhood because of the quiet country setting and this project is going to bring added traffic and cause a greater problems. People will cut through Benton Street to access Sheridan.
ROBERT FISHER, 880 Benton St., added none of his neighbors received a notification, they are all within the 500 foot radius, and one of the signs was down for over a week.
CHAIRMAN CHOI asked staff to respond to the issue of notification?
DRU SILEY answered, fifteen days prior to the hearing letters must be mailed to those living within 500 feet of the subject property, including all neighborhood groups within 1000-feet of the property. The applicant gets the list from Jefferson County and staff verifies the radius. Thus far everyone testifying at this hearing are on the notification list, and Mr. Boyle mailed the notices by the 30th of April in conformance with the notification requirements.
CHAIRMAN CHOI asked if there is a procedure in place verifying the mailing took place?
SUSAN PIERCY replied, the applicant signed an affidavit stating notice was mail and signs posted. Staff monitors notification as closely as possible.
EDWARD BOYLE, said the original plan was for 22 units per acre which was comparable to the surrounding properties to the west and north. In meetings with the Two Creeks neighborhood organization, objections were noted regarding density, therefore, they reduced density from 22 to 16 units per acre. There were concerns with the height, therefore, the height was reduced. There were concerns with pedestrian traffic which was addressed by putting in sidewalks, curbs and gutters. The traffic mitigation will be addressed by a decel lane added along Sheridan as well as an entry into the parcel along 9th Ave. Regarding the Molholm plan, it states that density should be along the perimeter and the perimeter is Colfax to 6th and Wadsworth to Sheridan, and this proposal is along Sheridan. They are meeting the parking requirements as stated by staff for both residents and guests. The conduct of those owning these units will be governed by covenants and pets will not be allowed, as they will be controlled by a homeowners association. Most of those purchasing condos are retired persons and they will not be adding children to the neighborhood.
CHAIRMAN CHOI asked the applicant if they first wanted a 22 unit per acre proposal for this site?
EDWARD BOYLE said, the first proposal was for 22 units per acre, and this proposal is for 16 units which brings the density count to 17.2 units per acre.
COMMISSIONER QUINN wanted to know why only one neighborhood meeting occurred in 2000?
EDWARD BOYLE answered, in addition to the required meeting in June there was another meeting held with the Two Creeks Neighborhood Assoc., and there were no additional meetings because of the violent nature of some of the residents, as some of the residents threatened to kill him.
COMMISSIONER QUINN wanted to know when the additional meeting was held?
EDWARD BOYLE said they met at a church in the summer of 2001.
COMMISSIONER MARINO wondered why notification missed so many people.
EDWARD BOYLE said he personally stuffed the envelopes, put on labels and stamps, closed all of them. His assistant took them to the post office and asked they be mailed that day.
COMMISSIONER MALM noticed in the first paragraph of the petition references increased traffic on the side streets, a commercial business would only create additional traffic during business hours, but she saw no reference to a commercial business in this request.
ROBERT FISHER said they were referring to the present office zoning.
COMMISSIONER MALM said this petition is for multi-family condos and commercial
uses are not part of this particular application. Also, there are a number of
names and addresses in the petition that are far removed from the proposed site,
approximately 20.
ROBERT FISHER said they circulated the petition in the Two Creeks neighborhood because traffic will effect the whole area.
COMMISSIONER MALM did not think the neighborhood at 13th and Pierce, would be directly effected by this rezoning.
CHAIRMAN CHOI wanted to know how to effect a change in the petition since Commissioner Malm pointed to inconsistencies.
ROBERT FISHER thought they could re-petition the area since they do not want these condominiums.
COMMISSIONER MALM did not want Mr. Fisher to re-petition the neighborhood as she thought the petition could stand on its own. However, there is no commercial involved in this application.
ROBERT FISHER said the current zoning is office, a commercial zone district and with an office building there will be less traffic.
CHAIRMAN CHOI asked Mr. Fisher if he wanted to re-circulate the petition or leave it as is since it has been questioned.
ROBERT FISHER wanted to know if it stands as is, would that water down its effectiveness.
CHAIRMAN CHOI said that is not for any on the Commission to judge. Chairman Choi said he would place the petition on the ledge and he can pick it up if he so desires.
SUSAN PIERCY reminded the Commission they are asked to make a decision for or against this rezoning, and if the petition were to be re-circulated it would not have any impact on this hearing but could have an impact on the Council decision.
CHAIRMAN CHOI said he would have time to present another petition to City Council.
ROBERT FISHER thought he would like to re-circulate the petition.
COMMISSIONER MALM wanted Mr. Fisher to know that she is questioning the form of the petition whether he change the form is Mr. Fisher's decision. Also, the 20 or so signatures are not directly effected by the proposal, however, she was not questioning their right to sign the petition.
ROBERT FISHER said Scott Pichaco, staff planner, advised him to gather as many signatures as possible, because it effects the whole neighborhood.
COMMISSIONER QUINN added, the wording of the petition has no legal effect and
is an informal petition.
ROBERT FISHER said he would like to leave the petition with the Commission.
COMMISSIONER PETERSON wanted to know the traffic counts at peek hours.
DRU SILEY answered, the 16 town homes units will generate approximately 96 trips per day. An office district generates 11 trips per 1000 sq. feet of office or commercial space. Therefore, 10,000 sq. ft. office footprint could generate 110 trips per day. The peek times for office use is morning and evening.
COMMISSIONER PETERSON wanted to know if there are any other traffic impacts?
DRU SILEY thought only the decel lane.
COMMISSIONER PETERSON referred to the Molholm Neighborhood Plan, goal number 3, specifically calls for limitations of this type of development within the neighborhood. The map on page 46 of the plan says this strip of land should be a commercial use rather than residential.
DRU SILEY said staff looked at two governing documents the Comprehensive Plan and the Sheridan Blvd. Strategic Plan. The Molholm Plan is a guiding document and felt it incorporated many of the same qualities as the other two plans.
COMMISSIONER PETERSON wanted Mr. Siley to point to the Sheridan Plan where this type of development is encouraged along Sheridan.
DRU SILEY referred to Action Step II, Land Use section. Because this is a transitional type zoning with much higher density from the north and west, and lower density to the south and southwest. This fulfills the ideologies in the Sheridan Plan.
COMMISSIONER PETERSON asked if the recent adoption of the trade and technical zoning use and modifications to the Zoning Ordinance, encourages commercial development. Also, is there any conflict with this type of residential use along this arterial?
SUSAN PIERCY said the trade and technical has been in the works for some time. Staff relies heavily on the Economic Development Department for their input. It was their opinion that the property has not developed over time with the office zone, and did not see it as a office or trade and technical use, therefore, supported the residential zone for this site.
COMMISSIONER HOLLEN wanted a definition of a transition or buffer zone.
DRU SILEY said transitional zoning is at 17.22 units per acre. This plan transitions
effectively with the properties from the north which is 22 units on less than
9/10th of an acre, roughly giving a density of 27 units per acre. The way the
site plan is designed it fronts on the corner of 9th and Sheridan and with the
landscaping areas it will provide a buffer to the neighborhood.
COMMISSIONER HOLLEN was disappointed the staff report did not refer to the Molholm Plan and wanted to know why?
DRU SILEY answered, staff felt the governing documents were the Comprehensive Plan and the Sheridan Blvd. Plan which addressed many of staff's concerns, and has the same intent as the Molholm Plan. He apologized for omitting the plan from the staff report.
COMMISSIONER HOLLEN wanted staff's opinion on the traffic going through the neighborhood to 8th or 10th Avenue in order to make a safe turn to the north?
DRU SILEY referred to the number of residential units generating 96 trips per day, and cars turning north will send more traffic through the neighborhood, however, staff felt an office use would send an even greater volume of traffic through the neighborhood.
COMMISSIONER HOLLEN wanted information on the number of trips the neighborhood pool generates?
DRU SILEY said he did not have that information.
COMMISSIONER MARINO wanted to know if the site plan shows there are two parking spaces per unit, where do guests park?
SUSAN PIERCY said those spaces include guest parking, however, the applicant is not providing above and beyond existing regulations.
COMMISSIONER MARINO wanted to know the disposition of the Molholm Plan with consideration to this use?
DRU SILEY said the Molholm Plan does not specifically preclude a plan such as this, but rather encourages office/commercial type development.
COMMISSIONER MARINO asked if the Sheridan Plan supersedes the Molholm Plan, and have both the Molholm Plan and the Sheridan Plan been adopted as part of the Comprehensive Plan?
SUSAN PIERCY answered, both plans have been adopted as part of the Comprehensive Plan.
COMMISSIONER QUINN wanted more information about the buffer between this project and the surrounding neighborhoods?
EDWARD BOYLE referred to page 7 of the site plan showing this plan exceeds the landscape requirements.
CHAIRMAN CHOI asked about the heights of the buildings to the north/west/east and south of this site?
EDWARD BOYLE said to the west and north are two, two-story structures approximately between 20 to 24 feet. Across Sheridan is a single story building and to the south is a single story.
CHAIRMAN CHOI noticed on the corner of 9th and Sheridan the plan calls for a three-story or 45-foot height versus 20 to 25 feet to the north, less than that to the south, and similar to the west. This proposal will be twice as high as the buildings in the neighborhood.
EDWARD BOYLE answered, they have done everything possible to mitigate height and still carry snow loads during the winter, and have done everything to architecturally reduce the visual impact.
CHAIRMAN CHOI said the neighbors to the north and west have flat roofs and they are able to carry snow loads.
EDWARD BOYLE added, City staff directed a pitched roof.
CHAIRMAN CHOI said he understands why staff wants a pitched roof to get away from the commercial look. He wanted to know the speed limit on Sheridan?
DRU SILEY thought it 45-miles per hour.
CHAIRMAN CHOI than asked the length of the north/south dimension of the eastern property line where the decel lane will be placed.
DRU SILEY thought it about 132-feet.
CHAIRMAN CHOI said he tried to make a right turn on 9th safely, and found it impossible. He wondered if the decel length really does meet standards of safety.
DRU SILEY answered, the decel lane meets all the criteria from Traffic Engineering Standards, it has been reviewed by the City's Traffic Engineers and designed as such.
CHAIRMAN CHOI then inquired about the mailed notices not reaching their destinations. He wanted to know how many in the audience were willing to swear under oath that they did not receive the mailing?
The count was 8 out of 18 attendees who raised their hands.
DRU SILEY added, every person that spoke at this hearing is within the 500-foot notification area.
ROBERT FISHER, 880 Benton St., was willing to swear under oath he did not receive
notice of this hearing by mail, nor did he know of any of his other neighbors
that received notice.
CHAIRMAN CHOI stated the City is required to send a notice to those living within 500-feet of a proposal, and the applicant testified he met the notification requirements. Yet there is a group of people willing to swear under oath they did not receive notice.
SUSAN PIERCY informed, from the Ordinance standpoint, Mr. Boyle has met the notification requirement for a rezoning. The City cannot control things that are lost in the mail and the applicant has signed the affidavit stating he mailed the notices. City Council has directed staff to notify in this manner, and the applicant's responsibility is to mail the notice. The City has received back several notices labeled "return to sender" which indicates the notice was mailed. Why they have not received notice we do not know. Ms. Piercy added, for the Belmar project 2000 notices were sent and she is still getting some of those notices back.
COMMISSIONER MALM said it is difficult to control mail once it gets into the system, and she personally has had some problems with mailings. If the City has received return mail, that indicates the applicant has mailed the notice, although she was not saying the neighborhood did not receive notice.
COMMISSIONER PETERSON agreed with Commissioner Malm, and believed Mr. Boyle did comply with the notification process.
COMMISSIONER HOLLEN referred to Article 17 stating the only standard is the applicant shall mail 15-days prior to the public hearing, and there is an affidavit to that effect.
SUSAN PIERCY added, the City has changed the notice letterhead and envelop to read in large letters "NOTICE" with blue coloring to help people recognize this is an official notice.
CHAIRMAN CHOI said he is satisfied as to where notification stands.
COMMISSIONER QUINN asked if there is a time period that a meeting has to take place prior to a public hearing?
DRU SILEY said the neighborhood meeting has to occur after the preplanning has been reviewed by staff, and prior to a formal application. Applicants are required to have one neighborhood meeting and Mr. Boyle fulfilled that requirement.
COMMISSIONER QUINN then asked if an additional meeting has to be held after a certain period of time?
DRU SILEY said no, as long as the case is active, and this case has been active for the entire period of time. Staff does encourage additional meetings after a long period of time, however, the applicant does not have to comply.
COMMISSIONER QUINN asked if there were any drainage problems with this site?
TIM DOHERTY, City Engineer, said this project has no on site problems, and in fact this plan helps with the drainage by putting in curb and gutter especially along 9th Avenue.
CHAIRMAN CHOI asked Mr. Boyle what his plans are if this application is approved?
EDWARD BOYLE said the construction time-frame, if approved by Planning Commission, goes to City Council, then the architectural plans need to be reviewed and approved, and then to pulling permits. They plan to pre-sell the units prior to construction with every one approved prior to construction, and then to start when it is 100-percent sold. They have a contract to purchase the ground if zoning is approved.
COMMISSIONER PETERSON asked what would happen if the units do not pre-sell prior to construction?
EDWARD BOYLE answered, they have already put a tremendous amount of time and money in this project, and if they did not think it viable they would have stopped this process long ago.
COMMISSIONER PETERSON wanted to know if they plan to pre-sell units prior to permitting or after permitting?
EDWARD BOYLE said they have to have working drawings go to the contractor for pricing. They are trying to target the units from between $140,000 and $160,000.
COMMISSIONER PETERSON asked if they have done a market analysis, and how deep do they project the market for that price range in this location?
EDWARD BOYLE said the least expensive home in Lakewood is $156,000 and thought their market is 100-percent for their price range and for this kind of home.
COMMISSIONER PETERSON wanted to know if their target is not met would they consider turning to subsidized housing?
EDWARD BOYLE said no. He referred to the Lakewood Comprehensive Plan by saying this area would not be designated for rental housing, however, affordable housing does fit the category.
COMMISSIONER HOLLEN pointed to the three-story structure and wanted to know how it fits with residential compatibility, when the limitation is no more than two-and-a-half stories?
DRU SILEY said staff made allowances for the quality of the architecture, and because of the work the applicant did in revising this plan.
CHAIRMAN CHOI called for a five-minute recess.
COMMISSIONER QUINN based on the information in the staff report and the testimony presented before the Planning Commission at this hearing, moved that Planning Commission recommend City Council approve Zoning Case No. RZ-01-001, subject to the two conditions set forth in the staff report. SECOND by COMMISSIONER MALM.
COMMISSIONER QUINN was concerned because the applicant did not communicate more effectively with the neighborhood, and also the neighborhood meeting took place on June 8, 2000 nearly two years ago. There were probably changes in that two-year time frame and although no other meetings were required, he thought this too long a period of time.
COMMISSIONER MALM concurred with Commissioner Quinn's comments.
COMMISSIONER PETERSON also agreed with the comments from Commissioner Quinn, and added the Comprehensive Plan, Item 3, protects and buffers neighborhoods along the corridor from encroachment and impacts associated with retail and office uses. Because of the intent of the Sheridan Plan as well as the Molholm Plan, on page 47, he will not support the motion.
COMMISSIONER HOLLEN shared Commissioner Peterson's concern and will not support the motion because the proposed development conflicts with the Molholm Plan in its intent, and does not support the intent of the Sheridan Plan to promote office, commercial and trade and technical uses along the corridor. She added, residential development impacts differently than office, commercial and trade and technical.
COMMISSIONER MARINO referred to the Comprehensive Plan and will base his vote on that document, and those documents assimilated into the Comprehensive Plan. He recognized that some performance stipulations were granted but could only guide his vote by the existing document.
CHAIRMAN CHOI informed the applicant this Commission does not deal with profitability or unprofitability. In analyzing the site plan he was concerned with the 45-foot height in the mist of a much lower scale, although the height has been placed on the south east corner of the site, which avoids shadows and thought it a well performed site plan. Chairman Choi had concerns with the decel lane but Traffic Engineering has approved those plans, and the basic conflicts with the Molholm plan have already been addressed, however, he still has mixed feelings about this proposal.
COMMISSIONER HOLLEN added, she wanted a more complete picture concerning traffic studies. The current studies address the number of trips generated by a development, and cannot address the impact in the neighborhood with the pool considered.
COMMISSIONER QUINN referred to Section 17-17-7 in the Zoning Ordinance states when material changes the character of the neighborhood, or in the City generally, such as this proposed rezoning, it should be in the public interest. He thought the standard difficult to meet under these circumstances.
Motion denied by a 5-1 vote (Marino yea).
RZ-01-001 (CONT'D)
CHAIRMAN CHOI explained the applicant has the option to appeal this vote to City Council and City Council will make the final determination.
GENERAL BUSINESS
COMMISSIONER PETERSON reported on the Planning Commissioners Workshop and complimented Roger Wadnal for his excellent presentation. The attendees asked him if he knew when the Citizens Planning Academy will resume. He hoped the program could be reinstated.
CHAIRMAN CHOI added the Douglas County people wanted to be trained in a planning academy and suggested a joint endeavor.
SUE PIERCY said Castle Rock is also interested in doing a similar program. The City is doing everything they can to get it reinstated, however, the funds have not been allocated.
CHAIRMAN CHOI said they enjoyed the presentation by the City of Fort Collins and Wheatridge, on parking and encouraging public transit.
ADJOURNMENT
There being no other business to come before the Lakewood Planning Commission, the public hearing of May 15, 2002 was adjourned at 9:10 p.m.
Elaine Rosedahl, Secretary to the Planning Commission
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